Cameli Pty Ltd v Place Management NSW [2020] NSWSC 1132

Cameli Pty Ltd v Place Management NSW [2020] NSWSC 1132

The term of the plaintiff's tenancy under the Deed of Retail Licence was extended to 14 August 2020 by operation of s 44(3) of the Retail Leases Act 1994 (NSW), upon the plaintiff's written request and the lessor's requisite notification received on 14 February 2020. The lease could not be further extended under the COVID-19 leasing principles or regulation.

Jurisdiction
Australia
Judgment Date
25 August 2020
Procedural Posture
Declaration and Injunction Proceedings / Principal Judgment
Outcome
Declaration that the term of the plaintiff's lease was extended to 14 August 2020; existing injunction discharged; proceedings adjourned for parties to arrange vacant possession.
Legal Topics
['retail Shop Leases' 'lease Extension Under Retail Leases Act' 'covid 19 Commercial Leasing Regulation']
['land Law' 'equity'] ['retail Shop Leases' 'lease Extension Under Retail Leases Act' 'covid 19 Commercial Leasing Regulation']

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Procedural Posture

Declaration and Injunction Proceedings / Principal Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's lease was extended by operation of s 44(3) of the Retail Leases Act 1994 (NSW)" 'Whether the Deed of Retail Licence is subject to the Retail Leases Act' 'Whether cl 9 of the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) enables the Court to extend the lease further']

Ratio Decidendi

The term of the plaintiff's tenancy under the Deed of Retail Licence was extended to 14 August 2020 by operation of s 44(3) of the Retail Leases Act 1994 (NSW), upon the plaintiff's written request and the lessor's requisite notification received on 14 February 2020. The lease could not be further extended under the COVID-19 leasing principles or regulation.

Court Disposition

Declaration that the term of the plaintiff's lease was extended to 14 August 2020; existing injunction discharged; proceedings adjourned for parties to arrange vacant possession.

Orders

  • ["Declaration that term of plaintiff's lease extended to 14 August 2020 by operation of s 44(3) of the Retail Leases Act" 'Existing injunction discharged' 'Matter listed for directions on 18 September 2020' 'Parties to bring in Short Minutes of Order by 11 September 2020']